Social:Unspecified claim

From HandWiki

An unspecified claim is a tort claim "where the amount to be awarded is left to the Court to determine."[1]


Unspecified claim was previously known in the common law, especially in England and Wales and Pakistan, as an unliquidated claim.[1][2][3]

In United Kingdom tax law, an unspecified claim is also any unspecified tax liability.[4]

Under New York civil practice, "stating a specific sum in (a) personal injury complaint" is normally barred.[5] Technically, it is not strictly prohibited, but it prevents adding additional damages to jury instructions.[6] However, under a recent[when?] New York Court of Appeals case, stating a specific sum is mandatory in Court of claims practice, so an unspecified claim "can lead to the loss of the claimant's whole case".[check quotation syntax][7] Federal judge Walter Rivera used this reasoning when ruling in a parallel case in court filing found on nycourts.gov; “The failure to bring a late claim application before the expiration of the relevant statute of limitations would preclude the Court from considering the application because the failure to file a late claim application within the proscribed time period is a jurisdictional defect and the Court is without discretionary power to grant nunc pro tunc relief".

References

  1. 1.0 1.1 "Her Majesty's Court Service web site". http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm. 
  2. Pakistani courts' official web site
  3. Woolf Report, search for "unspecified claim".
  4. "Protective claims for unspecified amounts". HM Revenue & Customs. .
  5. David D. Siegel, ed., New York State Law Digest, No. 568, April 2007, at 1.
  6. N.Y. Civil Practice Law and Rules (CPLR) section 3017 (c).
  7. D. Siegel, ed., New York State Law Digest, No. 568, April 2007, at 1, citing Kolnacki v. State, 8 N.Y.3d 277 (2007).

See also